Principles and rights involved in the legal analysis of the intersex conditions in patients under age in Colombia –The case of the hermaphroditism–

Abstract

Cases as the intersex conditions, specifically the hermaphroditism, brings a great debate about the structures on which the legal has been built. They, apparently, try to generalize situations that are originated in clearly private contexts and with own characteristics, which fail to include inside a legal and normative framework that express the recognition of the rights to the individuals that are found in a intersex condition. Therefore, in the legal analysis of the cases of patients under age with a intersex condition as the hermaphroditism, tensions between principles and rights are found, and they are referred to how should be the consent for hormonal or surgical intervention in the said patients, keeping in mind aspects like the individual liberties of the hermaphrodite person, the need to determine since the birth aspects such as: Identity, the sex and name of the under age ones through the birth certificate; and the superior legal interest of the under age one that requires a duty of special protection on the part of the Family, the Society and the State.